Article 7 - Administration
7.1 Enforcement
The Ordinance shall be administered and enforced by the CEO who shall be appointed by the City Council and re-appointed annually, before July 1st.
7.2 Permit Required
No person shall, without first obtaining a permit, engage in any structural alteration, activity or use of and for structure requiring a permit in the district in which such activity or use would occur, renew a discontinued use, or expand, change, or replace an existing use or structure. For removal of a structure. a demolition permit is required.
7.3 Application for Building or Use Permit
7.3.1 All applications for building or use permits or demolition permits shall be submitted in writing to the CEO on forms provided for the purpose. A building permit application must be signed by the owner of the property or his/her authorized agent. The proposed construction or alteration of building or structure shall comply with all provisions of this Ordinance and with special decisions made by the Board of Appeals or the Planning Board.
7.3.2 If required by the Code Enforcement Officer, a building permit application shall be accompanied by a plan, accurately drawn to an appropriate scale, showing the shape and dimensions of the lot to be built upon, the exact location and size of new buildings to be constructed, and information needed by the CEO, Planning Board, or Board of Appeals to determine whether the provisions of this Ordinance are being observed.
7.3.3 Once a building or use permit or demolition permit application has been filed, the CEO shall approve, deny, or refer to the Board of Appeals and/or the Planning Board within seven business days. This decision shall be in writing on a form designed for the purpose, and shall be sent directly to the applicant. One copy of the CEO's decision shall be filed in the office.
7.3.4 In cases where the CEO deems that a special exception permit or other special permit is required, a copy of the decision shall be provided to the Board of Appeals or to the Planning Board as appropriate.
7.3.5 Failure of the CEO to issue a written notice of decision to the applicant within 7 business days from the date of filing of the application shall constitute refusal of the application. Once a building permit has been granted, a copy of the permit shall
be maintained on the property or project site as soon as construction begins.
7.3.6 After submission of a complete application to the Planning Board, the Board shall, within 35 days, approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
7.3.6.1 Will maintain safe and healthful conditions;
7.3.6.2 Will not result in water pollution, erosion, or sedimentation to surface waters;
7.3.6.3 Will adequately provide for the disposal of all wastewater;
7.3.6.4 Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
7.3.6.5 Will conserve shore cover and points of access to coastal waters;
7.3.6.6 Will protect archaeological and historic resources as designated in the comprehensive plan;
7.3.6.7 Will not adversely affect existing commercial fishing or maritime activities in a CFMA district;
7.3.6.8 Will avoid problems associated with flood plain
7.3.6.9 Is in conformance with the provisions of Article 6 Performance Standards.
7.4 If a permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted if the structure would be located in an unapproved subdivision or would violate any other local
ordinance or regulation or any State law which the municipality responsible for enforcing.
7.5 If no substantial construction progress has been made within twelve months of the date the permit was issued, the permit shall expire.
7.6 Plumbing Permit Required
No building permit shall be issued for any structure or use involving the construction, installation or alteration of Plumbing facilities unless a valid plumbing permit has been secured by the applicant or his authorized agent in conformance with the sanitary provisions of the State Plumbing Code.
7.7 Permit Fees
Before a building permit is issued, the applicant shall pay a fee as follows:
7.7.1 For construction costs up to $5,000; a fee of $10.00.
7.7.2 For construction costs of more than $5,000: a fee of $10.00 per $5,000 or fraction thereof of estimated construction value.
7.7.3 Estimated construction value shall be determined by the CEO according to the assessment currently in use in the City of Eastport.
7.7.4 Before an earthmoving Permit is issued, the applicant shall pay a fee of $10.00.
7.7.5 Additional activities such as subdividing of land or buildings, floodplain zone permits and airport height restriction permits have an associated fee. These fee schedules are listed in the respective ordinances. The CEO can provide assistance in such matters.
7.7.6 Then applications for special permits are submitted to the Zoning Board of Appeals,subsequent to the activity having been commenced or completed, for which the application is being made, the permit fee shall be $250. An additional fee of $250 per year, or part there of, shall be required beyond the first year of non-compliance. Such fee shall be in addition to the $25 filling fee.
7.7.7 Applications submitted to the Planning Board, for which a public hearing is required, shall be
accompanied by a filing fee sufficient to cover the cost of public hearing publication and notices.
In no case shall the filing fee be less than $25.00.
7.8 Occupancy Permit
7.8.1 Prior to the occupancy of any new building, the person or organization that received a valid building permit shall secure an occupancy permit from the CEO. The occupancy permit shall state that the new structure conforms with all codes and ordinances of the City. Prior to the issuance of the permit, the CEO shall check to see that all requirements under this ordinance and other City ordinances have been met.
7.8.2 Any person or organization that occupies a new building in the City prior to the issuance of an occupancy permit is in violation of this Ordinance and is subject to its penalties.
7.9 Performance Bonds
In addition to the building permit fee, an applicant may be required to provide a performance bond for construction, use or demolition. Generally the need for a bond shall be determined by possible costs to the City for either granting the use or correcting problems caused by poor performance of the applicant. The need for a performance bond, and the amount thereof, shall be determined by the City Council, Planning Board or the Board of Appeals, as appropriate.
7.10 Violations and Legal Action
7.10.1 When any violation of any provision of this ordinance shall be found to exist, the CEO shall send a written notice to the individual or organization responsible for
the violation. In the case of a construction violation. The written notice shall be a stop-work order. Upon receiving a stop-work order, the responsible person shall secure any dangerous or unsteady parts of the construction project, and then shall cease all further construction activities.
7.10.2 In the case of violation of the terms of any, special permit or conditional use, the permit shall not be suspended or revoked without a public hearing. Written
notice of the hearing shall be sent to the permittee not less than 10 days before the hearing. The notice shall state the time and place of the hearing, and shall also
contain a statement of the alleged violation of any condition or restrictions inserted in the permit. After the public hearing, the City Agency which granted the permit shall make a decision within thirty days.
7.10.3 When the above action(s) does not result in the correction or abatement of the violation or nuisance condition, the Municipal Officers, upon notification from the CEO, are hereby directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the impositions of fines that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of the City. The City Council, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without Court action. Such agreements shall not allow an illegal structure or
use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health or safety or will result in substantial environmental damage.
7.11 Fines
Any person, including but not limited to, a landowner, landowner's agent or a contractor, who orders or conducts any activity in violation of this ordinance shall be penalized in accordance with "Title, 30-A MRSA ss 4452 as amended."
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